Right of Publicity
October 12, 2011
David Cassidy files suit against Sony alleging Sony intentionally defrauded him out of his fair share of merchandising revenue for over three decades
Former teen idol David Cassidy – best known for his portrayal of Keith Partridge on the hit 1970s sitcom The Partridge Family and the hit single “I Think I Love You” – filed suit against Sony on Wednesday in the Los Angeles Superior Court. The 71-page complaint alleges that Sony intentionally defrauded Cassidy out of his fair share of merchandising revenue for over three decades. Cassidy is suing Sony for eleven causes of action including fraud, breach of contract, misappropriation of Cassidy’s publicity rights, and civil conspiracy.
July 26, 2011
Fred Barnett and other Retired NFL Players Bring Suit Against the NFL for Using Their Names to Promote the NFL
Fred Barnett, who is a former wide receiver for the Philadelphia Eagles and the Miami Dolphins is the named plaintiff in a class action suit against the National Football League (NFL). Barnett’s complaint alleges that the NFL is using at least 450 retired players’ names and likenesses to enhance “brand awareness and increase...revenue.” In particular, Barnett focuses on the NFL’s “commercial filmmaking wing,” NFL Films, which “specializes in creating commercial and promotional films highlighting the NFL’s past and featuring retired NFL players.”
July 21, 2011
Kim Kardashian has filed a lawsuit against Old Navy for allegedly using a Kardashian look-alike
Kim Kardashian has filed a lawsuit against Old Navy for allegedly using a Kardashian look-alike in a commercial. Kardashian's suit should pose some interesting intellectual property questions in the right of publicity and trademark arenas.
July 15, 2011
An Indiana District Court Guns Down Dillinger’s Right of Publicity and Lanham Act Claims By Asserting the Right of Publicity is Not Retroactive and the First Amendment Protects Use of ‘Dillinger Tommy Gun’
Judge Magnus-Stinson of the District Court of the Southern District of Indiana recently delivered two decisions on right of publicity and trademark claims brought by John Dillinger heirs’ against Electronic Arts. John Dillinger was a “’notorious and vicious thief’—a ‘lurid desperado’ who ‘came to evoke the gangster era,’” and was “commonly associated with Thompson submachine guns, also known as Tommy guns.” Electronic Arts is a videogame developer and publisher that released the Godfather and the Godfather II videogames in 2006 and 2009.



